Appellate

  • January 27, 2022

    4 Highlights In Breyer's Legal Legacy For Health, Life Sciences

    Justice Stephen Breyer played a starring role in landmark health care and pharmaceutical cases on an increasingly right-leaning U.S. Supreme Court, helping to narrowly secure major wins for abortion rights and illuminate the First Amendment's expanding use against restrictions on drugmakers.

  • January 27, 2022

    Fed. Circ. Judge Knocks Justices' Assignor Estoppel Ruling

    A Federal Circuit judge said Thursday the U.S. Supreme Court justices created "a trap for the unwary" by keeping alive a doctrine barring inventors from challenging the validity of their own patents and narrowing when it can be applied, while weighing a remand order from the high court in a patent validity dispute between Minerva and Hologic.

  • January 27, 2022

    Widow Wants Lowenstein Sandler DQ'd From Estate Fight

    A pharmaceutical executive's widow has called on a New Jersey state appeals court to ban Lowenstein Sandler LLP from representing one of its attorneys as co-executor of her late husband's estate in a probate matter, as she and the lawyer are battling over the handling of assets once valued at more than $170 million.

  • January 27, 2022

    6 Breyer Product, Personal Injury Opinions Attys Should Know

    U.S. Supreme Court Justice Stephen Breyer has more often joined rather than authored opinions handed down in cases — while also shining a pragmatic light on legal issues in a number of concurrences and dissents — but he has still penned more than 200 opinions during his nearly 28 years on the high court.

  • January 27, 2022

    Ill. Court Weighs Rehearing $2.8M Dispute Involving DLA Piper

    In a rare step Wednesday, the Illinois Appellate Court heard oral argument as it considers rehearing an appeal challenging DLA Piper and others' summary judgment win in a $2.8 million estate dispute over five trusts' alleged mismanagement.  

  • January 27, 2022

    IP Forecast: S&P To Fight Claims Its TM Suit Came Too Late

    S&P Global will ask a Delaware federal judge next week to keep alive parts of its trademark suit against a call service center named S&P Data, in the face of claims that lawyers for the market ratings giant knew about the name of the smaller business for years before suing. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • January 27, 2022

    Justices Asked To Mull Circuit Split On Lanham Act's Reach

    Hetronic Germany GmbH is asking the U.S. Supreme Court to weigh in on a $113 million trademark fight over radio control systems against a former U.S. partner, in a case that may address for the first time whether the Lanham Act's scope extends outside the U.S.

  • January 27, 2022

    Fla. High Court Says Arbitration Provision Runs With Land

    The Florida Supreme Court affirmed a ruling that sent a pair of homeowners to arbitration in their suit against U.S. Home Corp., finding Thursday that they are bound by an arbitration provision in the deed issued by the developer to the original owners of the house.

  • January 27, 2022

    10th Circ. Deals Trial Lawyer Partial Loss In TM Fight

    Siding against famed litigator Gerry Spence in his bitter trademark fight with the legal training school he founded, a Tenth Circuit panel has said a lower court rightly found he couldn't use statements that could create confusion about his relationship with his former institution.

  • January 27, 2022

    Geothermal Co. Asks 9th Circ. To Let Plant Project Go Forward

    A Nevada geothermal plant developer has told the Ninth Circuit that it should lift a lower court judge's restraining order keeping it from starting construction, arguing that doing so is necessary to avoid major disruptions to its timeline and ability to meet key deadlines.

  • January 27, 2022

    Breyer's Departure Opens Door For More Reliable Privacy Vote

    Retiring U.S. Supreme Court Justice Stephen Breyer has had a mixed record on defending individuals from warrantless government searches and unwanted robocalls, presenting an opportunity for the "wild card" to be replaced with a jurist who's more solidly on the side of protecting privacy and civil liberties. 

  • January 27, 2022

    11th Circ. Upholds Geico's Win In $1M Crash Coverage Fight

    The Eleventh Circuit sealed Geico's summary judgment win in a $1 million dispute over coverage for a car crash after it found that the insurer's policyholders didn't buy uninsured motorist insurance.

  • January 27, 2022

    5 Breyer Opinions In Auto, Trucking Preemption Battles

    After more than 27 years on the bench, U.S. Supreme Court Justice Stephen Breyer has left an indelible mark in areas including consumer protection and product liability, penning decisions clarifying the scope of federal preemption with important implications for the transportation industry.

  • January 27, 2022

    Breyer's Most Important Writings About The Environment

    Justice Stephen Breyer announced his retirement Thursday in a ceremony at the White House. Here, Law360 looks at his influence on environmental law during his 27 years on the bench, including an important recent ruling that broadened the Clean Water Act's scope.

  • January 27, 2022

    Breyer's Rulings Shaped By Wariness Of Intellectual Property

    Departing U.S. Supreme Court Justice Stephen Breyer's approach to intellectual property law was consistently skeptical, expressing concern that patents and copyrights can limit access to information in decisions that took a broad view of fair use and fueled patent eligibility challenges.

  • January 27, 2022

    Breyer Leaves Legacy Of Extending Constitution To Migrants

    U.S. Supreme Court Justice Stephen Breyer, who announced his retirement after nearly three decades on the bench, leaves behind a legacy of influential legal opinions and dissents that sought to extend constitutional rights and protections to noncitizens.

  • January 27, 2022

    5 Breyer Opinions For Financial Services Attys To Know

    U.S. Supreme Court Justice Stephen Breyer's views on issues like securities fraud liability, antitrust enforcement and federal preemption have left their mark on the financial services legal landscape. Here, Law360 looks at some of his key opinions in the field as the longtime liberal justice heads for the exit.

  • January 27, 2022

    4 High Court Tax Decisions Justice Breyer Helped Shape

    Justice Stephen Breyer, who announced his retirement from the U.S. Supreme Court on Thursday, was not a prolific author of tax-related opinions during his tenure, but nevertheless penned several decisions that established important principles in criminal and civil tax law. Here, Law360 takes a closer look at some of those cases.

  • January 27, 2022

    DC Circ. Reluctant To Touch FERC Grid-Builder Decision

    The D.C. Circuit wasn't buying the argument Thursday morning that the Federal Energy Regulatory Commission contradicted itself by carving out an exception that allowed companies to skip the competitive contractor process when aiming to address "urgent reliability needs" for grid projects.

  • January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    Edelson, Ex-Girardi Attys Can Post Separate Financial Charts

    An Illinois federal judge probing contempt liability over Thomas V. Girardi's misappropriation of $2 million said Thursday that he'll accept separate charts reflecting certain Girardi & Keese accounts' cash flow, after learning a dispute arose over how to present the information to the court.

  • January 27, 2022

    4 Breyer Opinions Every Trial Lawyer Should Know

    Retiring U.S. Supreme Court Justice Stephen Breyer was instrumental in reinforcing the constitutional rights of trial defendants during his tenure, including in an opinion criticizing a core element of jury selection that is now coming under closer scrutiny.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    Breyer Leaving A Moderate's Mark On Antitrust Law

    A reliable member of the high court’s liberal wing on many issues, Justice Stephen Breyer has struck a more moderate approach when it comes to antitrust law, penning opinions and dissents supporting more enforcement in some cases and pro-defense views in others. Here, Law360 looks at the mark Justice Breyer will leave on antitrust matters when he retires at the end of the term.

  • January 27, 2022

    2nd Circ. Says Grocer Doesn't Owe $58M To Union Fund

    The Second Circuit on Thursday upheld a lower court ruling that a wholesale grocer was not responsible for a $58 million payment to a Teamsters pension fund, ruling the grocer wasn't a successor to the now-bankrupt company that operated the warehouse where the union members worked.

Expert Analysis

  • Lessons On Conflicted-Party Transactions From NC Ruling

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    The North Carolina Supreme Court's recent Reynolds American v. Third Motion Equities Master Fund decision, affirming the use of deal price in conflicted-party transactions, holds important implications for future corporate acquisitions in states that have adopted the Model Business Corporation Act, say attorneys at Foley & Lardner.

  • Key Takeaways From Justices' Military Benefits Ruling

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    The U.S. Supreme Court’s recent concise opinion in Babcock v. Kijakazi — which will reduce Social Security retirement benefits for certain dual-status military technicians — demonstrates how it is more common today for questions of statutorily created rights and government-provided benefits to be resolved through a plain reading of the law, says Christopher Keeven at Shaw Bransford.

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • OSHA Case Shows Fluidity Of Major Questions Doctrine

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    Contrary to U.S. Supreme Court Justice Neil Gorsuch's assertion, the major questions doctrine on court deference to agency statutory interpretations is actually quite murky, as seen in its recent application in the National Federation of Independent Business' case challenging the Occupational Safety and Health Administration’s vaccinate-or-test mandate at the high court, says Andrew Michaels at the University of Houston Law Center.

  • Mass. At-Will Termination Gets Complex For Employers

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    The Massachusetts Supreme Judicial Court's recent decision in Meehan v. Medical Information Technology protects at-will employees from termination when they respond to legitimate performance critiques from supervisors in an intemperate and contentious manner, making a no-brainer firing decision much more fraught, say Christopher Pardo and Elizabeth Sherwood at Hunton.

  • Takeaways From 6th Circ.'s RE Tax Foreclosure Ruling

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    The Sixth Circuit's recent decision in Lowry v. Southfield sheds light on when exactly real estate tax foreclosures can be avoided as fraudulent transfers, and could potentially impede municipalities' ability to collect unpaid property taxes through tax sales, says Scott Bernstein at Skolnick Legal Group.

  • Supervisor Relationships Are Key To Beating Atty Burnout

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    In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

  • The New Antitrust Agenda's Impact On Energy And Chemicals

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    The Biden administration's antitrust enforcers have already left their mark on the energy and chemicals industries, with longer and more frequent investigations, lower standards for second requests on mergers, and a wider range of concerns in merger reviews, say attorneys at V&E.

  • Online Subscriptions Face New Calif. Arbitration Standard

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    After a California state appeals court's recent ruling in Sellers v. JustAnswer against a website's so-called sign-in-wrap agreement that bound consumers to individual arbitration, companies offering recurring subscriptions to California consumers should reevaluate their enrollment processes, says Joseph Addiego at Davis Wright.

  • Corporate Boards Need Not Fear 7th Circ. Boeing Decision

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    The Seventh Circuit’s recent decision in Seafarers Pension Plan v. Bradway, over Boeing shareholders' rights to bring federal derivative suits over the 737 Max aircraft, may encourage creative Securities Exchange Act claims to avoid exclusive forum provisions, but boards of Delaware corporations still have tools to avoid duplicative litigation, say attorneys at Skadden.

  • Drug Patent Suits' Novel Theory Tests False Claims Act Limits

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    Three recent False Claims Act cases in federal district courts, pursuing the novel theory that pharmaceutical companies defrauded the government by charging inflated drug prices based on invalid patents, could set federal appellate courts on a collision course and create new risks for patent holders, say attorneys at Williams & Connolly.

  • Northwestern ERISA Case Highlights Compliance Lessons

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    As we await the U.S. Supreme Court's decision in Hughes v. Northwestern, and its impact on Employee Retirement Income Security Act litigation, it is important to implement plan sponsor best practices that mitigate exposure to costly, time-consuming class action and fiduciary breach lawsuits, say Philip Koehler and Anne Hall at Hall Benefits Law.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • Key Contract Lessons In Del. Justices' Hotel Deal Ruling

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    The Delaware Supreme Court recently ruled in AB Stabile v. MAPS Hotels that a Chinese financial conglomerate breached a hotel sale agreement's standard ordinary course covenant, providing significant insight on the meaning and application of these contracts, and the need for consent on material changes prior to closing, say attorneys at Quinn Emanuel.

  • Opinion

    Justices Correctly Used Shadow Docket In OSHA Vax Ruling

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    The U.S. Supreme Court’s use of the shadow docket to sink the Biden administration’s vaccine mandate for large employers in National Federation of Independent Business v. U.S. Department of Labor was the right procedure given the rule’s time-limited duration — even if the court reached the wrong substantive result, says Peter Fox at Scoolidge Peters.

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